Private will make D liable for damages that are caused but NOT for punitive or

Private will make d liable for damages that are

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Private will make D liable for damages that are caused but NOT for punitive or nominal damages Surroco v. Geary Fire destroying town, D gives authority to destroy P’s home to stop the flames from spreading Emergency Doctrine Vincent v. Lake Erie Transp. Co. P uses D’s dock in a storm, Damages to the dock No tort, but liable for damages to the dock Authority of Law : If D is commanded or authorized by law to do something, he is not liable for it. Arrests Can be made with or without a warrant Warranted arrests ministerial (officer is only liable if he acts improperly)
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Common law rules: Either offiers or citizens can arrest without warrant to prevent or stop a felony Officers can arrest if they have info that provides reasonable grounds for thinking a felony occurred Citizens arrest OK if felony has in fact occurred Past felonies cannot be arrested for without warrant Misdemeanors need warrants unless committed in an officer’s presence Excessive force will render any arrester liable Negligence – generally involves conduct that falls below the standard of care established by law for the protection of others against the unreasonable risk of harm Elements: (1) Duty to use reasonable care (2) Failure to conform to the standard (i.e. breach of duty) (3) A reasonably close causal relationship between the conduct and the injury (4) Actual loss or damage *You CAN act wrongfully in conduct that is generally discouraged, but if no injury results than you won’t be penalized Lubitz v. Wells D left golf club in yard and his son hit P with it – not negligent because golf club is not a generally dangerous object Lack of causation Blyth v. Birmingham Waterworks Co. Water main breaks in harsh, unforeseen winter; because weather was unpredictable, D not liable Duty of Drivers : drivers owe duty of care to his passengers because it is foreseeable that they may be injured if, through inattention or otherwise, the driver involves the car he is operating (minors that are driving are held to the same standards as adult drivers) Pipher v. Parsell Passenger grabs wheel of D’s car twice; not negligent to ignore it the first time, but should have done something to prevent the second time Chicago, B. & Q.R. Co. v. Krayenbuhl Railroad turntable case Burden of locking the turntable is less than the injuries that can result from it being unlocked, therefore negligence Davison v. Snohomish
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Bridge constructed by D, P drives up it, skids off – claims D should keep the guard rails modern While there may be a benefit in rebuilding guard rails, the burden of doing so is larger United States v. Carroll Towing Co. Boat docked, mooring lines negligently set up by D, boat ends up sinking and cargo lost (belonged to US) Hand formula Liability depends on whether Burden < Probability X Liability o Only fully correct on the assumption that the precaution would reduce the risk to 0
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